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Neutral Citation No. - 2025:AHC:79966 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1291 of 2025 Applicant :- Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikash Pal,Vinod Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the juvenile application dated 13.9.2024 filed by the applicant in Criminal Case No. 427 of 2019 arising out of case crime no. 663 of 2018 under Sections 308, 323, 504, 427 I.P.C., Police Station- Mauaima, District- Prayagraj pending in the Court of learned Additional Chief Judicial Magistrate, Court No.6, Prayagraj expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that applicant is minor in age at the time of alleged incident, hence during pendency of trial the applicant moved an application on 13.9.2024 to declare him as a juvenile offender and to sent his case to the Juvenile Justice Board for hearing and disposal. It is further submitted that the applicant is regularly appearing on the date fixed by the Court concerned while the opposite party no.2 is not appearing. It is further submitted that only general dates have been fixed and Court concerned is not taking proper interest to decide his application. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. Sine the application was moved by the applicant on 13.9.2024, the trial Court is expected to decide the same in a time bound manner and if the co-accused persons are not appearing it should not be a hurdle to hear and dispose of the application for declaring him a juvenile offender for the Court concerned and the said application must be decided within two months from the date of
production of certified copy of this order before it, keeping in view the heavy work load in the said Court. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc.
are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 15.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad